We are filing for an uncontested divorce and agree to divide everything up evenly. However there is a retirement plan.

Asked over 1 year ago - Los Angeles, CA

I have a retirement plan of around thirty thousand, but both my husband and I dont want to touch the plan. We decided that we will divide everything else up evenly and leave the retirement as is. Will a stipulation agreement signed by both sides be enough to leave the retirement plan alone?

Attorney answers (6)

  1. Daniel Seth Williams

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Yes. However, you will need language such as "Husband agrees to waive any claim to any part of the community interest retirement account, including any known or unknown retirement accounts. Husband also agrees to terminate jurisdiction over the issue of Wife's retirement account and is informed and acknowledges that he may never petition any Court of any jurisdiction for a share of the community interest in Wife's retirement account or accounts. Husband further understands that this waiver may result in an unequal distribution of the community assets and waives any right to any equalization distribution or payment"

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more
  2. Hillary Johns

    Contributor Level 19

    3

    Lawyers agree

    Answered . They do have services as to the actual division of retirement assets which are reasonably priced. Just a suggestion. The professionals on Avvo gave you sound advice.

    You are welcome to call Ms. Johns' offices for a free or low cost consultation at (866) 402-4038. Please note... more
  3. Donald Frederick Conviser

    Contributor Level 19

    2

    Lawyers agree

    Answered . That is not enough. Put terms into your MSA and Judgment awarding the retirement plan to you. That way, your husband can't later file an RFO to adjudicate a previously unadjudicated asset.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  4. Matthew Thomas Majeski

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Yes. A retirement plan is another form of property. You and your spouse may agree regarding how to divide it (or not to divide it).

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more
  5. Scott Charles Maccabe

    Contributor Level 10

    1

    Lawyer agrees

    Answered . You need to process the disclosures fully and then finalize the award of the retirement plan entirely to you.

    Orange County Family Law Attorney: (949) 218-0574 - This response provides general information, and is not... more
  6. Diana Lucia Martinez

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Congratulations on being able to resolve everything without an all out divorce court battle. Your questions carries some complexities that cannot be fully addressed on a public forum such as this. This is where what you don't know can really come back to bite you later on. While it may be cheaper in the short run to do this without an attorney knowledgeable in this field, later on, it can cause a much more expensive, complicated situation. You need proper language AND disclosures to do this right. There are many attorneys who charge a low flat rate for "unbundled services", such as preparing your judgment and/or disclosures. It's worth the investment so that you don't pay a greater price later on.

    Since the information provided in your question is very limited and I have not had an opportunity to review all... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Retirement Plans in a Divorce

If one spouse in a divorce has a retirement plan, it may be split between the parties. How the plan is split depends on its type and value.

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